Facts
Journalist P. published an article reporting the information provided by B., the president of the Grape Harvest Festival committee, concerning financial difficulties and an unexplained "gap" in the accounts of G., the organizer of the event. G. filed a complaint against B. and P. for defamation.
The District Police Court of Morges found B. guilty of defamation, but exempted him from any penalty, considering that he had sufficient reasons to inform the press. The Cantonal Court of Cassation dismissed the appeals filed by B. and G. against this decision.
B. appealed for nullity before the Federal Tribunal, contesting the guilty verdict pronounced against him.
Considerations
The Federal Tribunal considered that B. had a legitimate interest in contesting the guilty verdict, despite the exemption from penalty, as this could have consequences in civil matters and affect the decision on costs and expenses.
On the merits, the Federal Tribunal considered that B.'s statements cast suspicion of dishonesty on G. and therefore constituted an attack on his honor within the meaning of Art. 173 para. 1 of the Swiss Criminal Code (CP). However,…